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行政程序违法的法律责任主要指行政主体实施行政行为时的程序违法所应当承担的法律责任。我国现行法律规范对此责任的司法审查的规定仅限于撤销,责任形式过于原则和简单,无法应对实践的挑战;学界对于违反行政程序的具体行政行为是否一律撤销也一直存在争议。为更好地监督行政权力,保障相对人的权益,建议我国区分不同的情况建立多种形式相结合的责任体系。
The legal responsibility of administrative procedure illegal mainly refers to the legal responsibility which should be borne by the administrative body when the administrative procedure is implemented. The current legal norms of our country’s judicial review of this responsibility are limited to revocation, the form of responsibility is too simple and can not meet the challenge of practice. It has also been controversial for academic circles to withdraw all the specific administrative acts that violate administrative procedures. In order to better supervise administrative power and protect the rights and interests of relative people, it is suggested that China should establish a responsibility system combining various forms in order to distinguish different situations.